Opinion
July 7, 1955.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Bergan, Halpern, Imrie and Zeller, JJ.
This action was brought to recover damages for breach of the defendant's contract to install a good serviceable refrigerator system in the plaintiff's store. While the plaintiff selected display cases of a particular manufacture, it left it to the defendant to select and install the necessary machinery and equipment which would adequately and properly operate the cases selected. The proof showed that the motor which was installed was not of adequate horsepower in view of the length of the tubing and the nature of the installation. The refrigerator system broke down upon several occasions and meats stored in the display cases were spoiled. The difficulty was corrected by the defendant by the installation of a larger motor. The recovery by the plaintiff is for the value of the spoiled meat. Judgment unanimously affirmed, with costs.